Ram Pratap Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6899 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Ram Pratap Mahto son of Late Jitu Mahto, resident of Village-Oralhiya, P.S.-Sahiyara, District-Sitamarhi .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Prasad Singh For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 The petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 436, 448, 452 of the Indian Penal Code. The prosecution case is that the complainant was cooking food in her house and husband of the complainant was feeding the cattle, in the meantime, the petitioner came and asked complainant and her husband to remove the hutment when on the order of this petitioner, co-accused Hari Shankar brought kerosene oil which was sprinkled on the hutment of the complainant and petitioner lit on fire.

It is submitted by learned counsel for the petitioner that co-accused Hari Shankar lodged Riga P.S. Case No. 185 of 2014 levelling accusations under Sections 392, 232, 504 of the Indian Penal Code against the complainant's side on 11.09.2014.

Patna High Court Cr.Misc. No.6899 of 2016 (2) dt.15-02-2016 2/2 which was published in the newspapers also. Moreover for the occurrence of 18.12.2014 the complaint was filed on 02.01.2015.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the delayed lodging of the complaint and the case lodged by the petitioner's side at earlier point of time, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Complaint Case No. 3 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T